MEMORANDUM ORDER: While I agree with almost all of the Special Master's analysis (D.I. (Document 252) ), and ADOPT it, I think the Special Master's Order denying Irving's motion to compel (D.I. (Document 242) ) needs to be VACATED to the extent it comple tely denied Irving's motion. Plaintiff is ORDERED to produce any of the PRF files referenced as a "source" in the Excel Analysis that contain raw data from testing conducted on the same prior art tissues ("same"meaning from t he same batch, as defined by purchase date and location) as the ones whose Pa and We values are disclosed in Tables 2 and 3 of the Specification. Irving's motion is otherwise DENIED. In view of the pending trial date, Plaintiff is ORDERED to produce such PRF files as soon as possible. Signed by Judge Richard G. Andrews on 3/31/2022. (nms)
Mar 31, 2022
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First Quality Tissue, LLC v. Irving Consumer Products Limited et al (1:19-cv-00428-RGA)